State v. Idol

Defendant appeals his conviction for possession of a controlled substance, former ORS 475.992 (2003), renumbered as ORS 475.840 (2005), arguing that the trial court erred in denying his motion in limine to exclude evidence of a laboratory report on the ground that the criminalist who prepared the report was not made available by the state for cross-examination. Following the trial court’s ruling that the laboratory report was admissible, defendant was tried to the court on stipulated facts. On appeal, he argues that, under State v. Birchfield, 342 Or 624, 157 P3d 216 (2007), admission of the…